The AFFF (Aqueous Film-Forming Foam) lawsuit leads have grown by the thousands, with more personal injury claims joining the Multidistrict Litigation (MDL) every month, and as of 2023 the District Court is focusing on claims in the personal injury category of AFFF MDL. 

Recent Developments in AFFF Litigation

While we’re happy to discuss your claim any time, you’ll find the latest AFFF lawsuit news updates below for your convenience. Read on to explore Case Management Orders (CMOs) and new rulings regarding AFFF litigation.  

December 4, 2023: An amended CMO was issued in the MDL, setting a new schedule for the bellwether trials in the AFFF cancer cases. The updated schedule requires parties to prepare a list of AFFF personal injury plaintiffs to serve as the bellwether pool. These cases will focus on plaintiffs who were exposed through drinking water, rather than direct exposure per the instructions in the original CMO.

December 1, 2023: Due to lingering water contamination claims not part of the global agreement, the personal injury bellwether cases have been delayed.

November 3, 2023: The MDL Court ordered plaintiffs and defendants in the AFFF MDL for personal injury claims to submit suggested bellwether cases later this month.

October 3, 2023: All municipal and local water authority AFFF claims were resolved through an agreement that requires the two largest corporations named, Dupont and 3M, to pay $10.3 billion.

October 17, 2023: The number of cases in the AFFF lawsuit reached 6,000—doubling the total claims in one year. 

July 5, 2023: The municipality-related lawsuit for AFFF contamination was resolved, with DuPont, Chemours Co., and Corteva agreeing to pay $1.18 billion to resolve water suppliers’ complaints. This freed the courts to shift to individuals’ personal injury claims against the manufacturers of AFFF.

May 14, 2023: Kidde-Fenwal, Inc., a manufacturer of AFFF extinguishers from 2007 to 2013, filed for bankruptcy, citing the cost of PFAS litigation and liabilities. 

May 5, 2023: The South Carolina District Court issued a CMO to govern a second set of bellwether cases alleging personal injury claims.

April 17, 2023: The Centers for Disease Control and Prevention (CDC) launched the National Firefighter Registry for Cancer, an online enrollment system for past and present firefighters, instructors, and fire service members. The purpose of this registry is to improve the understanding of cancer risks and prevalence in the firefighting community.

March 14, 2023: The EPA proposes National Drinking Water Regulations (NDWR) to establish legally enforceable levels for a variety of ‘forever’ chemicals. 

Many are surprised to learn about aqueous film-forming foam and how this dangerous substance is affecting thousands of past and present firefighters and their families. Stay tuned to our updates to learn more about ongoing AFFF litigation.